Preclusive Effect Of PTAB Decisions Gets A Fresh Look
Law360, New York (June 19, 2015, 10:42 AM EDT) -- The America Invents Act created several adjudicative proceedings within the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, including inter partes review, post-grant review, and covered business method review. The AIA also provided explicit estoppel provisions with respect to district court litigation for those proceedings.
However, as far as district court litigation goes, these provisions all run against the patent challenger (the petitioner) in the PTAB proceeding. After an IPR or PGR proceeding, these provisions prevent a petitioner from asserting in district court that a claim is invalid on any “ground” that the petitioner “raised or reasonably could have...
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